Analysis of Karta and Coparceners Role, Powers, and Liability in The Joint Hindu Family

The Karta of the family would usually be the senior member of a joint Hindu family. The position held by Karta is unique, so it is also called the Sui generis position. A member would be karta or not is decided by birth or adoption, and neither he is chosen by anybody nor does it require the approval of the other coparceners. He is the seniormost, hence he has the right to be the Karta. He is the head of the family and administers the family in the best manner possible; he is not a trustee, partner, or agent of the family. Previously, a female could not be Karta since she was not a coparcener before the Hindu Succession (Amendment) Act of 2005. The amendment however brought changes in the position of women in the joint Hindu family. Since the 2005 amendment daughters have now been considered as coparceners and on equal footing as other male coparceners, this further provides that she is now qualified to be karta of the family on condition that she is the seniormost member. Karta and Coparceners (who have right over Ancestral Property by virtue of birth or adoption) in the Joint Hindu Family have their rights and duties. This article aims to give an in-depth examination of the role of Karta, its power such as contracting debts, starting a new business, giving a valid discharge, referring disputes to arbitration, entering into contracts, Karta’s duties such as rendering accounts, recovering debts due to family, etc. Coparceners’ rights such as common ownership, common possession, enjoyment, and use of joint family property, right to alienation, and coparceners can challenge to restrain alienation when improper. According to Mitakshara Law, In a joint family, Coparcener’s property determination can only be done after partition main reason being Community of Interest and Unity of Possession, and with this partition of joint family property, the joint family status of the family also comes to an end. Members of the joint Hindu Family have distinguished and significant roles to play in running its lineage for which it has been endowed with certain rights and obligations which have been discussed in this article.